The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-12-23

Dolph delivering a speech in its favor.
Further discussisn WIS postponed until
after the holidays, Mr.. CuIlom an
nouncing that he desired to address the
Senate on the subject. The last named
Senator will doubtless oppose the
amendment in favor of his own propo-
siticn submitted at the anne time, as
follows:
ARTICLE XVI.
SECTION 1. The only institution or con-
tract of marriage within the United States,
or any place subject to their jurisdiction,
shall be that of the union IN marriage OF
one man with one woman; ana Dlgamy or
pelygamy Is forever prohibited, any law,
custom form, or ceremony civil or reIi-
giOus 10 the contrary notwithstanding.
SEC 2 No state shall pass any law, nor
allow any custom, form, or ceremony oi
msr iage, except in obedience 10 ana con-
Formally to the institution of marriage as
herein defined and esta b ished; but other
wise the regulation within each Sta,e OF
marriage and divorce, and civil and crimi-
nal jurisdiction over those SUBJECTS. snail
belong 10 the several States as heretofore
SEC 5 Congress shall have powertO en-
free this article by appropriate legislation.
l. will he Sc IA that there is wide diff
ference between these two propositions
One, that of Mr.. Dolph, would cut
sOuarely into the doctrine of State
rights, and impose upon the Federal
Congress the duty of regulating mar
riage and divorce for the entire repub-
lie. 1t is believed that on account OF
this proposed encroachment the amend
ment will fail there being throughout
the country a growing sentiment against
the further surrender of authority in
domestic affairs to the central govern
ment. Mr.. Cuilom does not propose to
90 the length suggested by his fellow
Senator. His amendment would simply
prohibit the institution of polygamy,
and prevent the States from legIslating
to legalize plural marriage. The States
would still retain the power and right
to regulate marriage and divorce within
their respective territory, and continue
TO exercise both civil and criminal
Jurisdiction over those subjects.
If either of these proposed Constitu-
tional amendments shall be adopted, it
will assuredly be that introduced by
Mr.. Cuilom, as the States ara not eager
to yield any of their rights nor to en-
large those OF the Federal government.
o. course, both these proposed
amendments are aimed st Utah, and
also of course, they are waste Of anu
munition, the game having come down
before the firing. of the shot. The peo-
pie of this Territory have voluntarily
done for this community what it is
here proposed that the United States
shall i do for us and Tor every
other separate commonwealth in the
republic. The Utah people have gone
further even, having not only voted an
inh bition of polygamy, put have irrev
ocably provided and proclsimed pains
and penalties for the enforcement Of
the provision. 1t is therefore, of small
concern to Utah what shall be done with
the proposed amendments to the Con-
.stitution. We have solemnly declared
what shall be the rule SIS to ourselves in
respect 10 marriage; if others desire to
place themselves under The same order
and restrictions, sill we'll and GOOD; their
action cannot affect US for good or evil,
benefcialIy or otherwise. That is the
way this thing presents itself to us.
The bills introduced we're both by
Mr.. Paddock. The first provides
That he governor of the Territory of Utah
be, ana h5 is hereby, authorized aud en-
powe-e1 10 appoint selectmeu, clerk, re-
cordur. assessor, aud superintendent of d s.
trlat r., oCls in ami for each and al of the
count % said Territory And The term of
office II al aersons holding such Offices,
and not. 81 appointed shall cease and de-
termfHe on I've appointment and qualifcR-
ton Of tLeir successors as provided in this
SEC. . All acts and parts of acts incon-
sistent with this act are hereby repealed.
Iii. Just possible that Mr.. Paddock
will prove TO be more influential than
other Senators, and will secure the pas
sage of the bill; but The HERALD Is
glad that it can honestly believe other
wise. A similar provision was in
the Tucker bill, which Ae House
passed last winter with such q
burrah. but the Senate promptly
struck 1t out, and no amount Of argu-
-. oo,,id Indy,ca IL IN FestrPa The